Terms of Business

SECTION 1: INTRODUCTION

 

Welcome to the Team Teach – My Family Coach website!

 

 

Team Teach (“TT, “We“, “Our” and “Us”)) has  a purpose built website that offers its Users and individual Trainers (“You“) a whole host of quick and easy online positive behaviour training solutions and services via Our proprietary online platform https://www.myfamilycoach.com/ “Our Site“) and Our App (see paragraph 6 below for Our App details).

 

We offer Our App, Community Platform and some other functions and content free of charge (“Free Services“). We also offer Our Premium Material, access to individual (or group) Classes with our expert Trainers, TT Webinars, Courses, Consulting and other more extensive functions and content on a pay as you go basis (the “PAYG Services“). For more details on Our Free Services & PAYG Services please visit the homepage of Our Site.

 

Please note that your access and use of Our Site and Our App including all the Free Services and PAYG Services provided are governed by the applicable terms and conditions that are set out in Sections 2 to 5 (below).

 

Disclaimer

 

any advice or materials provided via our website or app are intended for general information purposes only. The Free Services and the PAYG Services Provided via our site and/or app are not intended to provide a User with any medical advice. if any medical advice is for whatever reason required, a User should always consult a qualified healthcare professional.

 

Nothing on Our Website and/or Our App is intended to be a substitute for a consultation with your gp and/or a qualified healthcare provider. the use of the free services, the payg serviCes and our app are at your own risk. if any use of these services is causing you any physical or mental distress, please stop using our site and/or app and seek medical attention as soon as possible.

 

Although we make reasonable efforts to update the information provided via Our site and our App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date or that content and services are suitable for your needs. we are a technology company and as such cannot give you any medical advice. if you have any compliant or feedback you can contact us using the contact details set out in section 2 below.

 

 

SECTION 2: WEBSITE & APP TERMS OF USE

 

Please read these terms and conditions carefully before using Our Site or Our App

  • What’s in these terms?
    • These terms tell any user (“You” or “User“) the rules for using Our Site and Our App. If You do not agree to these terms, You must not use Our Site or Our App.
  • Who we are and how to contact Us
    • Our Site is operated by Team Teach Ltd. We are registered in England and Wales under company number 03770582 and have Our registered office at Longbow House, 2nd Floor 20 Chiswell Street, London, England, EC1Y 4TW. Our VAT number is 753505339 .
    • To contact Us, please email [email protected] or telephone Our customer service line on +44 (0)800 7734293.
  • By using Our Site and/or our app You accept these terms
    • By using Our Site or Our App (as applicable), You confirm that You accept these terms of use (“Terms of Use“) and that You agree to comply with them.
    • If You do not agree to these Terms of Use, You must not use Our Site or Our App.
  • There are other terms that may apply to You
    • Our Site provides a wide range of Free Services and PAYG Services (see Section 3 below). This includes Our App which is a Free Service allowing Users to track and securely record (encrypted and anonymised) information relating to a child’s mood and symptom levels against other external health factors (e.g. sleep, exercise, weather conditions etc.). Accordingly, these Terms of Use refer to the following additional terms, which also apply to your use of Our Site and/or Our App depending on who You are and whether You are receiving Free Services or PAYG Services. This includes:
      • Our end user licence conditions (“App Licence“) in paragraph 6 of this Section 2 below that will apply to anyone using Our App;
      • Our User Platform Agreement in Section 3, Appendix A (below), which sets out the terms and conditions that apply to Our agreement with Users;
      • the Trainer User Agreement in Schedule 1 of Appendix A in Section 3 (below), which sets out the terms and conditions that apply between a User and a Trainer;
      • Our Trainer Platform Agreement in Section 3 Appendix B (below), which sets out the terms and conditions that apply to Our agreement with Trainers;
      • Our Privacy Policy https://www.myfamilycoach.com/privacy-statement-uk/ and
      • Our Cookie Policy https://www.myfamilycoach.com/cookie-policy-uk/

which sets out information about the cookies on Our Site and Our use of unique identifiers associated with your device when using Our App.

 

  • If You wish to purchase any Training Services from a Trainer via Our Site, please note Our User Platform Agreement will apply to the sale of TT Credits (see Appendix A of Section 3 below).
  • How you may use our site & Our APP
    • You may use Our Site or Our App for lawful purposes only. You may not use Our Site & Our App:
      • in any way that breaches any applicable local, national or international law or regulation;
      • in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
      • to send, knowingly receive, upload, download, use or re-use any material which does not belong to You or that You have not right to use;
      • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
      • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    • Furthermore, You agree not to access without authority, interfere with, damage or disrupt:
      • any part of Our Site or Our App;
      • any equipment or network on which Our Site or Our App is stored;
      • any software usedin the provision of Our Site or Our App; or
      • any equipment or network or software owned or used by any third party.
    • APP Licence
      • In order to use Our App You will need to register and create a personal account.
      • If you register for an account via Our App], We license You to use: (i) My Family Journal mobile application software, the data supplied with the software, (“Our App“) and any updates or supplements to it; (ii) any related online documentation (“Documentation“); and (iii) the service You connect to via Our App and the content We provide to You through it (“App Service“) as permitted in this paragraph 6.
      • By downloading and using Our App, You agree that You will:
        • except in the course of permitted sharing (see paragraph “Rules about linking to Our Site & Our App” below)) not rent, lease, sub-license, loan, provide, or otherwise make available, Our App or the App Services in any form, in whole or in part to any person without prior written consent from Us;
        • not copy Our App, the Documentation or the App Services, except as part of the normal use of Our App or where it is necessary for the purpose of back-up or operational security;
        • not translate, merge, adapt, vary, alter or modify, the whole or any part of Our App, Documentation or the App Services nor permit Our App or the App Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use Our App and the App Services on devices as permitted in this paragraph 6;
          • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Our App or the App Services nor attempt to do any such things, save to the extent permitted under the Copyright, Designs and Patents Act 1988); and
        • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported.
      • Our App will allow You to generate, upload and track (anonymised and encrypted) information and data about a child and it will make use of location data sent from your devices (“App Data“). You can turn off the geo-location functionality at any time by turning off the location services settings for Our App on the device. However, if You use Our App, You agree to Us and our affiliates’ and licensees’ transmitting, collecting, retaining, maintaining, processing and using any information about your location whilst using Our App along with any other technical information relating to a User’s device , provided always that such information is in a form that does not personally identify You (or any other data subject) and is being processed by Us to improve Our products and to provide any App Services to You.
      • All intellectual property rights in or arising out of or in connection with Our App, your use of Our App or any App Data that is generated or uploaded, will be owned by Us (or Our licensors). You will have no intellectual property rights in, or to, Our App, the Documentation, the App Data or the App Services other than the right to use them in accordance with this terms set out in this paragraph.
    • How You may use material on Our Site
      • We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
      • Subject to paragraphs 4 and 7.5 below and without prejudice to any other terms in the Trainer User Agreement, You may:
        • print off, download and/or embed copies, extracts or links of any page(s) from Our Site for your own personal use; and/or
        • draw the attention of others within your network to content posted on Our Site.
      • You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
      • Our status (and that of any identified contributors) as the authors of content on Our Site must always be acknowledged.
      • You must not use any part of the content on Our Site for commercial purposes without obtaining a licence to do so from Us or Our licensors.
      • If You print off, copy or download any part of Our Site in breach of these Terms of Use, your right to use Our Site will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made.
    • We may suspend or withdraw Our Site and/or our app
      • Our Site and Our App is made available free of charge except for the PAYG Services which will require payment from You (see Section 3 below).
      • We do not guarantee that Our Site or Our App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our Site or Our App for business and operational reasons. We will try to give You reasonable notice of any suspension or withdrawal.
      • You are also responsible for ensuring that all persons who access Our Site and Our App through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
    • We are not responsible for websites we link to
      • Where Our Site or Our App contains links to other Sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by Us of those linked websites or information You may obtain from them.
      • We have no control over the contents of those sites or resources.
    • Rules about linking to Our Site & Our App
      • You may link to Our home page, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it.
      • You must not
        • establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists;
        • establish a link to Our Site in any website that is not owned by You; and/or
        • be framed on any other Site, nor may You create a link to any part of Our Site other than the home page.
      • We reserve the right to withdraw linking permission without notice.
      • The website in which You are linking must comply in all respects with these Terms of Use.
      • If You wish to link to or make any use of content on Our Site other than that set out above, please contact Us via email at [email protected] or telephone Our customer service line on +44 (0) 20 3746 0938.
    • How to complain about content uploaded by other users

If You wish to complain about content uploaded by other users, please contact Us via email at [email protected] or telephone Our customer service line on +44 (0) 20 3746 0938.

 

  • LIMITATION OF LIABILITY

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE 12 WHICH CONTAINS LIMITATIONS ON OUR LIABILITY

  • Nothing in these Terms Of Use, the App Licence, the User Platform Agreement and the Trainer Platform Agreement limits any liability which cannot legally be limited, including liability for:
    • death or personal injury caused by negligence;
    • fraud or fraudulent misrepresentation; and

breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

 

FREE SERVICES

 

  • Subject always to clause 1 and to the extent permitted by applicable law, whether You are a consumer or a Trainer (or any other type of business user), We will not be liable to You in anyway (whether such liability arises in contract, tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for any losses, damages, costs or expenses that You incur or suffer as a result of the use of, or inability to use, the Free Services (or any part thereof).
  • Without prejudice to clause 2, if You are a consumer and We are found to be liable to You by any Court or other competent authority, Our liability for any loss or damage You incur or suffer as a result of the use of, or inability to use, the Free Services (or any part thereof) shall be limited to an amount equal to £30 in aggregate.

PAYG SERVICES

 

  • If You are a consumer (e.g. a parent, a guardian, a teacher etc.):
    • You agree not to use Our Site or Our App for any commercial or business purposes, and we have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity;
    • You acknowledge and agree that by entering into the User Platform Agreement (Appendix A of Section 3 below), You accept that TT is in no way responsible for any advice, information or services provided by a Trainer, Consultant or Specialist.;
    • Subject to clause 1 and to the extent permitted by applicable law, if You are a consumer and We are found to be liable to You by any Court or other competent authority (whether such liability arises in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any losses, damages, costs or expenses that You incur or suffer as a result of the:
      • User Platform Agreement; or
      • use of, or inability to use the PAYG Services (or any part thereof),

Our liability will be limited to the lesser of: (1) £100; or (2) if applicable, the total Trainer Fees paid by You in the in the one (1) month preceding the date on which the relevant claim arises.

  • If You are a Trainer (or any other type of business user):
    • We exclude all implied conditions, warranties, representations or other terms that may apply to Our Site or Our App or any content on it;
    • You acknowledge and agree that by entering into the Trainer Platform Agreement (Appendix B of Section 3 below), You (and not TT) are at all times responsible for any advice or information given to Users during a Training Session you are delivering.
    • We shall not be liable for:
      • loss of profits, sales, business, or revenue;
      • business interruption;
      • loss of anticipated savings;
      • loss of business opportunity, goodwill or reputation; or
      • any indirect or consequential loss or damage; and
    • Subject to clause 1 and to the maximum extent permitted by applicable law, if You are a Trainer (or any other business user) and We are found to be liable to You by any Court or other competent authority (whether such liability arises in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any losses, damages, costs or expenses that You incur or suffer as a result of the:
      • Trainer Platform Agreement; or
      • use of, or inability to use, the PAYG Services (or any part thereof),

Our liability will be limited to the greater of: (1) £1000; or (2) if applicable, the total TT Platform Fees earned by TT in respect of the Training Services provided by You in the twelve (12) months preceding the date on which the relevant claim arises.

  • This clause 12 will survive any termination of the Terms Of Use, the App Licence, the User Platform Agreement and the Trainer Platform Agreement (as applicable).
  • How we may use your personal information

We will only use your personal information as set out in Our https://www.myfamilycoach.com/privacy-statement-uk/

  • We are not responsible for viruses and You must not introduce them
    • We do not guarantee that Our Site or Our App will be secure or free from bugs or viruses.
    • You are responsible for configuring your information technology, computer programmes and platform to access Our Site and Our App. You should use your own virus protection software.
    • You must not misuse Our Site or Our App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site or Our App, the server on which Our Site or Our App is stored or any server, computer or database connected to Our Site or Our App. You must not attack Our Site or Our App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site and Our App will cease immediately.
  • We may make changes to these terms

We amend these Terms of Use from time to time. Every time You wish to use Our Site or Our App, please check these Terms of Use to ensure You understand the terms that apply at that time. These terms were most recently updated in September 2021.

  • We may make changes to Our Site

We may update and change Our Site or Our App from time to time to reflect changes to Our services, Our Users’ needs and Our business priorities. We will try to give You reasonable notice of any major changes.

  • We may transfer thESE TERMS OF agreement to someone else

We may transfer Our rights and obligations under these Terms of Use to another organisation. We will always tell You in writing if this happens and we will ensure that the transfer will not affect your rights under the contract

  • Which country’s laws apply to any disputes?

These Terms of Use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

 

SECTION 3: TERMS OF SERVICES

This section 3 sets out an overview of the Free Services (Part A) and PAYG Services (Part B) that are provided through Our Site and Our App along with the applicable terms and conditions. Part C deals with Online Training & Coaching Sessions.

CREATING AN ACCOUNT

To use Our App or to receive any of the PAYG Services You will need to create an online account. This will require You to provide a username, email address and a personalised password. For more information on how to set up an online account please see: (i) paragraph 6 in Section 2 above for Our App account, (ii) Appendix A of this Section 3 (below) for a User Account; and (iii) Appendix B of this Section 3 (below) for a Trainer Account.

PART A: FREE SERVICES

 

  • Community platform
    • In addition to the PAYG Services and Our App (see paragraph 7 of Section 2 above), We provide free, online interactive services on Our Site, including, without limitation:
      • articles, podcasts and general information from third parties relating to solutions for issues that might be experienced by a family;
      • forums / chat rooms;
      • ability to comment on articles or posts; and/or
      • bulletin boards,

(together, the “Community Platform“).

  • Any content or materials uploaded using the Community Platform have not been verified or approved by Us. The views expressed by other Users on Our Site do not represent Our views or values.
  • While We will try Our best to edit, monitor and/or moderate the Community Platform we are under no obligation to do so and We expressly exclude Our liability for any loss or damage arising from the use of the Community Platform by a User or Trainer in contravention of Our content standards set, whether the service is moderated or not.
  • Where We do moderate the Community Platform, we will normally provide You with a means of contacting Us, should a concern or difficulty arise.
  • CONTENT STANDARD
    • These content standards apply to any and all material which You contribute to Our Site (“Contribution“), and to any part of the Community Platform associated with it. They must be complied with in spirit as well as to the letter.
    • We will determine, in Our discretion, whether a Contribution breaches these standards.
    • 1.4 A Contribution must:
      • be accurate (where it states facts);
      • be genuinely held (where it states opinions); and
      • comply with the applicable laws in England and Wales and in any country from which it is posted.
    • A Contribution must not:
      • be defamatory of any person;
      • be damaging to Our reputation;
      • be obscene, offensive, hateful or inflammatory;
      • bully, insult, intimidate or humiliate;
      • promote violence;
      • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      • infringe any copyright, database right or trade mark of any other person;
      • be likely to deceive any person;
      • promote any illegal content or activity;
      • be in contempt of court;
      • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
      • be likely to harass, upset, embarrass, alarm or annoy any other person;
      • impersonate any person or misrepresent your identity or affiliation with any person; and/or
      • contain any advertising or promote any services or web links to other sites.
    • DISCLAIMER
      • Notwithstanding the above, the Free Services provided via Our Site may include information and materials uploaded by other Users or Trainers of Our Site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by Us. The views expressed by other Users on Our Site do not represent Our views or values.
      • The content that We provide via the Free Services has been complied with reasonable skill and care. However, We cannot accept any liability for the accuracy, completeness or currency of any information or content that is available as part of the Free Services. We are also in no way responsible or liable for the content You GENERATE, UPLOAD or otherwise provide TO Our App. We do not recommend you UPLOADING OR storing any personal data on Our SITE OR OUR App.
      • Except to the extent required by laW, we accept no liability for the deletion, damage or failure to store any user content maintained or transmitted through the use of Our Site and/or Our App. WHEN YOU USE OUR SITE OR THE APP, YOU DO SO EXPRESSLY AT YOUR OWN RISK. THE DESCRIPTIONS OF OUR FREE SERVICES ARE NOT SUBJECT TO ANY GUARANTEES.

PART B: PAYG SERVICES

  • Premium Material, TT Webinars, Courses, Consultation & Classes
    • These are the terms and conditions on which We provide:
      • premium (online) digital content may includes articles, podcasts, e-books etc. (“Premium Material“); and
      • (online) webinar training courses, consulting and classes
    • Please read these terms carefully before You submit your order to Us. These terms tell You who We are, how We will provide Premium Materials and the TT Webinars, Classes, Courses and Consulting services to You, how We may change the Premium Material or the TT Webinars or end the contract, what to do if there is a problem and other important information. If You think that there is a mistake in these terms, please contact Us to discuss using Our contact details set out in paragraph 2 of Section 2 above.
    • Our acceptance of your order will take place when We confirm acceptance via Our Site, at which point a contract will come into existence between You and Us. We will also confirm your order via email. If We are unable to accept your order, We will inform You of this by email and will not charge You for the Premium Material or the TT Webinar (as applicable).
    • We will assign an order number to your order and tell You what it is when We accept your order. It will help Us if You can tell Us the order number whenever You contact Us about your order.
  • ACCESS to premium material and tt webinars, Classes, Course & Consulting Services
    • Subject to Us successfully receiving your payment (see paragraph 5 below), access details for the Premium Material, Classes, Courses & Consulting Services will be provided to you. Please note the copying and/or distribution of any Premium materials and services is not permitted without Our express written consent.
    • We are the owner (or Licensee) of all the intellectual property rights in, or arising out of, or connected to all Material and Services and no part may be copied or reproduced in any way without Our prior written consent.
  • CONTENT of Premium material & TT webinars
    • Please note it is your responsibility to ensure that any Premium Material and/or TT Webinar (as applicable) are compatible with your computer software or system. We are not liable or responsible for any technical issues which may arise as a result of your failure to ensure compatibility as above.
    • If Our supply of the Premium Material or TT Webinar is delayed by an event outside Our control then We will contact You as soon as possible to let You know and We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event, but if for some reason you do not receive the Premium Material or TT Webinar You have ordered You may contact Us and we will resend any Premium Material or rearrange the TT Webinar (as applicable) You have paid for but not received.
  • PREMIUM MATERIAL RIGHT TO A REFUND
    • For most products bought online You have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms (see paragraph 2 in Appendix A of Part C in this Section 3 below). However, please note You will not have a right to change your mind in respect of any Premium Material You order if You have started to download or stream them. However, if You do not download or stream the Premium Content straight away, You will have 14 days after the day We email You to confirm We accept your order, or, if earlier, until You start downloading or streaming.
    • If We delivered the Premium Material to You immediately, and You agreed to this when ordering, You will not have a right to change your mind.
    • Where you are entitled to claim a successful refund, We will refund You the price You paid for the Premium Material, by the method You used for payment. We will make any refunds due to You as soon as possible, which is normally processed within seven (7) to fourteen (14) days
  • CANCELLING TT WEBINAR
    • If You cancel a TT Webinar:
      • on 24 hours’ or more notice TT shall refund 100% of the fees back by the method You used for payment and send an emailing email confirmation confirming the same; or
      • on less than 24 hour hours’ notice, You will be required to pay 100% of fees in respect of the cancelled TT Webinar and You will not receive a refund.
    • Price and payment
      • The prices for the Premium Materials and the TT Webinars (which includes VAT) will be the prices displayed on Our Site (as updated from time to time). We take all reasonable care to ensure that the price of the Premium Material and TT Webinars advised to You are correct. However please see clause 2 below for what happens if We discover an error in the price of the Premium Material or TT Webinar (as applicable) You order.
      • It is always possible that, despite Our best efforts, some of the Premium Materials or TT Webinars We sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Premium Material or TT Webinar correct price at your order date is less than Our stated price at your order date, We will charge the lower amount. If the Premium Material’s or TT Webinar’s correct price at your order date is higher than the price stated to You, We will contact You for your instructions before We accept your order.
      • We accept payment with VISA, American express, Mastercard & Cartes Bancaires You must pay for: (a) the Premium Material before You download them; and (b) the TT Webinar before You attend one.
    • Disclaimer
      • The premium materials & TT WEbinars availble on our site have been complied with reasonable skill and care. however, You are solely responsible in assessing the suitability of any Premium Material or TT WEBINAR that You order via Our Site. WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT SUCH INFORMATION IS ACCURATE, COMPLETE OR UP TO DATE.
      • Please note that the Premium Material and tt webinars that are available on Our Site are prepared solely for training purposes only and are not a substitute for medical advice. We do not, nor do any of Our third party authors, presenters or contributors, accept responsibility for any loss or damage incurred or suffered by any User (or Trainer) relying on the Premium Material or the tt webinars. Nothing in these terms and conditions shall limit or affect any loss or damage for death or personal injury as a result of Our negligence. A person who is not a party to this agreement shall have no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any of its terms. These conditions shall be subject to English law and any dispute and/or difference shall be determined by proceedings in the English courts.

PART C: ONLINE TRAINING & COACHING SESSIONS

Appendix A and Appendix B below sets out the terms and conditions that will apply to any Users who want to buy and attend a Training Session with a Trainer. More specifically, Appendix A will apply if you are a User and Appendix B will apply if you are a Trainer.

Appendix A: User Platform Agreement

These terms and conditions form the basis of Our agreement with Users (“You”) regarding access to Our Site. If You wish to procure the Trainer Services (defined below) You will need to accept these terms and conditions in accordance with clause 2.1 below, which along with your completed online registration form shall constitute the “User Platform Agreement“.

  • DEFINITIONS

In this User Platform Agreement (save as expressly provided otherwise) the following definitions shall apply

  • Applicable Laws: all applicable laws, statutes, regulations and codes that are from time to time in force in the United Kingdom;
  • Applicable Data Protection Laws: means all applicable data protection and privacy legislation in force from time to time in the UK including but not limited to the General Data Protection Regulation ((EU) 2016/679) (the GDPR); the UK GDPR (as such term is defined in the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019) (such legislation being referred to in this User Platform Agreement as the UK GDPR), the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426), in each case as may be amended, updated or supplemented from time to time;
  • CCR: means the Consumer Contracts (Information, Cancellation and Additional Charges Regulations 2013 (as amended);
  • Deemed Commencement Date: means the point in time when payment of the Trainer Fees is made by You and received by TT;
  • Free TT Credits: has the meaning given to it in clause 6.1;
  • Intellectual Property Rights or IPR: means patents, utility models, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
  • Trainer: means an individual Trainer who has been successfully registered on Our Site by TT;
  • Trainer Fees: means the agreed sums payable for the Training Services collected by TT from a User on behalf of the Trainer;
  • Training Services: means the supply of individual and/or group online Training Sessions carried out by a Trainer to You;
  • Training Session: means a pre-booked individual and/or group training or coaching session which is arranged and booked by You via Our Site;
  • Trainer User Agreement: means the agreement between You and a Trainer, which is set out in Schedule 1 to this User Platform Agreement;
  • TT Credit(s): means the pre-paid credits which can be purchased by You or provided to You pursuant to a gift card or code or promotion and are then allocated to your TT Wallet. TT Credits can be used to purchase Training Sessions. One TT Credit has the equivalent value of one (1) pound (GBP);
  • TT Platform Fee: is a commission fee payable to TT for providing the TT Platform Services. The TT Platform Fee is included in the Training Fees set by individual Trainers and displayed on Our Site;
  • TT Platform Services: means the supply and maintenance of a fully managed online marketplace platform that allows You to browse and contact Trainers along with other associated customer support services including (without limitation) billing, website and IT support. These do not include Training Services, as these are provided directly by a Trainer and not by Us;
  • TT Wallet: means the online electronic account which holds a Student’s or Guardian’s (as applicable) TT Credits that can be redeemed against the purchase of Training Sessions via Our Site;
  • User: means, You, a person using the TT Platform Services for the purpose of receiving Training Services ;
  • User Account: means the secure online account created by You, which will hold all of your personal details and from where You can access the TT Platform Services and Training Services via your login details;
  • User Computer System: means your computer system and software, which as a minimum must include a working computer, a recommended web browser (e.g. Google Chrome, internet explorer etc.), a webcam, a broadband internet connection (with adequate bandwidth) and a working microphone and speaker;
  • User Feedback: means an individual rating left by You on Our Site following the completion of a Training Session by a Trainer which is scored on a 1 to 5 star rating basis (1 being poor up to 5 being excellent); and
  • VAT: value added tax or any equivalent tax chargeable in the UK or elsewhere.

Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

A reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time.

A reference to writing or written includes email.

Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

  • YOUR CONTRACT WITH TT (and your contract with a Trainer)
    • By ticking the acceptance box before submitting your online registration form to create a User Account or otherwise accessing or using Our Site and/or any of the TT Platform Services, You hereby acknowledge and agree that You have read, understood and agreed to be bound by the User Platform Agreement. Please see clause 2 regarding your cancellation rights.
    • TT may make minor changes to this User Platform Agreement (or any part) at any time effective immediately upon posting on Our Minor changes will include any changes: (a) in Applicable Laws; and (b) to implement minor technical adjustments and improvements, for example to address a security threat. Minor changes will not affect your use of the TT Platform Services or any Training Services that are being provided to You. We may from time to time inform You of more material changes to this User Platform Agreement and will (wherever possible) provide You with reasonable notice of such changes. However, rest assured that once a Training Session is booked the applicable Trainer Fees will not be subject to change.

Please therefore make sure You check this page of Our Site periodically and any email notifications We send to You. If at any time You do not agree with any of the relevant terms and conditions (set out below) or a proposed change, You should immediately stop accessing and using Our Site, the TT Platform Services and/or the Training Services and immediately seek a refund of any unused TT Credits in accordance with clause 6 below. 

  • To contact us, telephone our customer service team on +44 (0) 20 3746 0938 or email us at [email protected]

Unless you attend a TT webinar (Which is goverNed by the terms set out in Part b of this section 3 above), We do not provide any TRAINING Services via the site ourselves. Our TT PLATFORM Services are merely to facilitate Users to find and book online Training OR COACHING Sessions with a Trainer. The Training AND COACHING Services are provided by the Trainer(s) that You select. Your rights and obligations with regard to the Training AND COACHING Services provided by a Trainer are governed by the Trainer User Agreement set out in Schedule 1 and it is important that You read and understand these too.

  • USER REGISTRATION
    • Our FAQs page found here https://www.myfamilycoach.com/register/ provides You with all the information You need in order to register on the Site for a User Account along with full details of what information we require from You to be able to set up your User Account.
    • Please note You must submit a complete and accurate registration application in order to receive the Training Services. Any incomplete or inaccurate information may result in Us rejecting your application.
    • Please note You will need to register and provide Us with their name and email address in order to set-up a User Account on Our Site through the registration process.
    • During registration You will be asked to fill in your first name, surname and to create a username (which will be your email address) and choose a password to access your User Account on Our Site and to benefit from the TT Platform Services and Training Services in accordance with this User Platform Agreement. You must keep your log in details confidential and not share them with anyone else. You are solely responsible for all activities carried out under your username and password. Please note, TT does not warrant at any time to have checked daily the identities of all the Users registered on the Site and exclude any liability where a User Account is being used by someone other than the registered User. You agree to immediately report to TT any unauthorised use or suspicious activity by calling +44 (0) 20 3746 0938 or emailing [email protected]
    • You will only create one User Account and shall not create multiple User Accounts for the purpose of causing interruption to the functionality of Our Site, the TT Platform Services and/or the Training Services (or any part thereof) or for any other reason in breach of this User Platform Agreement.
  • BOOKING A TRAINING SESSION
    • Once You have successfully registered on Our Site, You shall be given access to areas additional functionality / content. This means You will be able to contact potential Trainers, view their availability, purchase TT Credits and book Training Sessions.
    • At each Trainer’s discretion You may also have the option to book a short (up to 30 minutes) introductory session with the Trainer although this is not a mandatory requirement. You may book a Training Session without having first had an introductory session if You choose to do so. Before booking a Training Session, You will have the chance to check the information You have provided and/or the Training requirements You have specified ahead of making payment in accordance with clause 5.2. Once a successful booking has been made and payment has been taken, TT will accept and complete your order on behalf of the Trainer. We will send You an order confirmation using the email address registered on the User Account to confirm acceptance of the your offer to purchase the Training Services and conclusion of a legally binding agreement pursuant to this User Platform Agreement. You should note that payment can only be made from the User Account registered on Our
  • TT CREDITS
    • TT are not offering the ability to purchase Credits at this time. We reserve the right to offer credits (payments taken in advance of choosing what premium content to purchase). When this function is made available you can purchase individual and/or group Training Sessions on a pay-as-you-go basis or by buying pre-paid lesson packages at any time using the TT Credits that can purchased and kept secure in the TT Wallet in accordance with this clause. TT Credits are a means of Us taking payment on the Trainer’s behalf for the Training Services. We do not charge You for using Our Site but we take commission from payments made to Trainers.
    • Once purchased, TT Credits shall be held in the TT Wallet and are redeemable by You at any time against the purchase of Training Services from a Trainer. Any TT Credits payable in consideration for a Training Session shall be automatically deducted from your TT Wallet immediately following completion of a Training Session to enable Us to make payment to the Trainer. At the end of a Training Session a pop-up box will appear on Our Site prompting You to confirm completion of a Training Session by the relevant Trainer. Please make sure You tick this box and inform Us that the Training Session has taken place. If You fail to complete the pop-up box, We may seek confirmation of your attendance from the relevant Trainer. .
    • You will be unable to purchase any Training Services if your TT Wallet contains insufficient TT Credits to cover the cost.
  • REFUNDS
    • You may request a refund at any time for any unused TT Credits held in your TT Wallet (save for any TT Credits that have been added to your TT Wallet from a gift card or code). For clarity, any promotional, referral or otherwise “free of charge” credits (“Free TT Credits“) that have been gifted by TT to You shall have no cash equivalent and shall not be refundable or capable of being withdrawn by You other than by means of redeeming the Free TT Credits against the Training Services).
    • Any refund requests must be sent to TT by You via email to [email protected] and include Your full bank details (i.e. full name, sort code and account number).
    • TT shall refund You as soon as possible but refunds are normally processed within seven (7) to fourteen (14) days of receiving your refund request provided always that You have provided all the necessary information in accordance with clause 6.2 above and subject always to the timescales imposed by your banking clearing systems.
  • TT PLATFORM SERVICES
    • For the duration of this User Platform Agreement, TT shall:
      • provide the TT Platform Services using reasonable skill and care;
      • ensure that all Trainers have qualifications and accreditations that support their level of experience being indicated on the relevant Trainer’s profile page on Our Site; and
      • provide any reasonable assistance You may require in connection with the provision of the TT Platform Services.
    • Please note You will at all times be responsible for ensuring the User Computer System is functioning correctly and compatible to support Our Site, the TT Platform Services and/or the Training Services (or any part thereof). However subject to clauses 3 and 7.4 below, in some rare circumstances there may be other issues that result in a User Computer System being unable to successfully validate and access the TT Platform Services and/or the Training Services and TT’s customer services team will use reasonable endeavours to investigate these issues and resolve them as quickly as possible.
    • TT shall use reasonable endeavours to make access to the TT Platform Services and Training Services available to You. However, TT specifically denies any implied or express warranty or representation that access to the TT Platform Services and/or Training Services will be uninterrupted or error-free. Accordingly where access to the TT Platform Services and/or Training Services are not available for any reason whatsoever, TT shall not be held liable to You including where lack of access arises as a result of:
      • your failure to comply with the terms of this User Platform Agreement;
      • any misuse or negligent act or omission by You;
      • any inability by You to access the TT Platform Services and/or Training Services (or any part thereof) including (without limitation): (a) resultant feedback (echos), audio break-ups, video or sound delays; (b) your failure to use and/or configure any part of the prescribed User Computer System; and/or (c) your failure to meet the minimum system requirements; or
      • any internet connection issues, power outages (including power cut, power failure, power loss, dropout, blackout and brownout) or emergency maintenance work.
    • You may from time to time experience technical problems during a Training Session that are beyond TT’s control (e.g. due to fluctuations or insufficient bandwidth). In such circumstances, You may be entitled to reschedule the affected Training Session. Please contact the Trainer in the first instance to discuss any problems or issues You experienced during a Training Session. If for whatever reason, You are unable to resolve the issue with a Trainer please contact Us by calling +44 (0) 20 3746 0938 or emailing [email protected]
  • USERS OBLIGATIONS, WARRANTIES & INDEMNITIES
    • When You access Our Site, use the TT Platform Services, Training Services and/or book a Training Session, You must at all times comply with any requirements as directed by TT or the Trainer (as such requirements may be amended from time to time and in accordance with this User Platform Agreement).
    • You agree to:
      • cooperate with TT and the Trainer in all matters relating to the TT Platform Services and Training Services and (if requested) promptly provide to Us and the Trainer all information as they may reasonably require to supply the Services;
      • comply with the terms and conditions set out in the Trainer User Agreement;
      • remain responsible for the use of the TT Platform Services and Training Services under your control and treat the Trainers with the utmost respect and not use any obscenities, make threats, or discuss matters other than those directly related to the subject of the Training Session
      • not use the TT Platform Services and Training Services in any way or manner inconsistent with or in breach of TT’s privacy policy https://www.teamteach.co.uk/policies-procedures/privacy-policy/
  • ensure at all times that You have adequate and up-to-date security software to protect against the transmission of viruses and other computer malware during your access to and use of the Training Services;
  • notify TT immediately if You become ill or is otherwise unable to attend a Training Session and TT will notify any Trainer on your behalf (if not already done so);
  • be solely responsible in assessing the suitability of a Trainer to deliver the required Training Services to You ;
  • contact a Trainer via the TT online chat box via Our Site only. You agree that all other means of communication is strictly prohibited outside of Our Site; and
  • not publish any abusive comments about a Trainer or another User on Our Site or any other place including defamatory or derogatory comments. If You have a complaint please contact the Trainer first in accordance with clause 10.2 and failing that contact Us;
  • except for when in accordance with clause 12, not disclose any information to a Trainer that could be considered personally identifiable information including his/her address, telephone number, email address, National Insurance number, password or any other information that could be used to identify or locate You; and
  • not solicit any personal information from any Trainer, and You agree that if any Trainer ever discloses personal information to You, or similarly asks You for any personal information, or suggests any kind of offline meeting or conversation, You will immediately and without delay report this to us by calling +44 (0) 20 3746 0938 or emailing [email protected].
  • At all times during the term of this User Platform Agreement, You confirm to Us (and the Trainer, as applicable) that You shall:
    • be personally responsible for any information You post on the Site and submit throughout the registration process and You shall ensure that this information is at all times during the term of this User Platform Agreement accurate, true, up-to-date and complete;
    • comply with all your obligations set out at under this User Platform Agreement;
    • at all times comply with the provisions of the Applicable Data Protection Laws;
    • comply with all Applicable Laws, regulations and codes of practice which regulate the activities of the online environment; and
    • protect your User Account by not sharing its login details with any other person.
  • You acknowledge and agree that any violation of this User Platform Agreement may lead to a temporary suspension of your User Account and/or a termination of this User Platform Agreement (at TT’s sole discretion). Likewise, TT may terminate any Training Session at any time where TT or a Trainer (acting fairly and reasonably) considers that You are uploading or otherwise transmitting inappropriate content in breach of this User Platform Agreement.
  • You shall not, without the prior written consent of TT, at any time from the date of the this User Platform Agreement to the expiry of six (6) months after its termination, solicit or entice away or engage or attempt to engage one-to-one or group Training Sessions or other Training Services in person or online to a person who is, or has been, a Trainer listed on Our Site and introduced to You by TT.
  • You shall indemnify TT (and any Trainer, as applicable) on demand, and shall keep TT (and any Trainer, as applicable) fully and effectively indemnified against any and all losses arising out of or in connection with:
    • the Training Services;
    • any breach of this User Platform Agreement or breach of obligation or warranty by You or any negligent act or omission by You (other than and to the extent that any losses arise directly from breach of this User Platform Agreement by TT or by TT’s negligence); and
    • any and all claims, complaints or legal proceedings instigated by a Trainer against You.
  • TRAINING FEES
    • Team Teach employed trainers will be paid at their contracted rate. Where we may engage self-employed trainers, the trainer fees will be set out in full on Our Site. You should note that self-employed trainers have the right to set (and update at any time) their own Trainer Fees, so prices will vary from Trainer to Trainer. However, once a Training Session is booked a Trainer may not change the relevant Trainer Fee unless otherwise agreed in writing with You.
    • We may use TT Credits (see section 5) as a means of Us taking payment on the Trainer’s behalf to cover the Trainer Fees. We take commission from payments made to self-employed Trainers. If You are based outside the UK You should note that the Trainer Fees may be slightly higher as a conversion charge may be applied. Please check Our Site for details on this before placing an order.
    • You shall pay to TT (acting as agent to the Trainer) the Trainer Fees by any means made available via Our Site from time to time. All prices listed on Our Site relating to Training Services and Trainer Fees are subject to change at any time by TT which shall become effective immediately upon posting on Our Site but will only be applicable to all bookings made thereafter.
  • USER FEEDBACK & DISPUTES
    • After a Training Session, Webinar, Class, Course, Consultation, we may utilise a User Feedback form. This will pop-up on Our Site to prompt You to rate and provide comments on how satisfied You are with the Trainer, Our Site, the TT Platform Services, the Training Services and/or the overall Training Session (more generally).
    • Following completion of a Training Session and/or the submission of a User Feedback form, any issues should in the first instance try to be resolved between a Trainer and a User. If however an issue is not resolved, a Trainer or You can report or raise to TT any issues or concerns that they might have with the other. TT (acting fairly and reasonably) shall then be entitled to carry out an investigation upon receipt of such feedback or comments. If deemed necessary, TT (at its sole discretion) may temporarily suspend your User Account and/or the Trainer from providing any more Training Services until an investigation is carried out and settled in a timely manner, . Notwithstanding the foregoing, TT may in exceptional cases be entitled to terminate this User Platform Agreement.
  • INTELLECTUAL PROPERTY RIGHTS
    • All IPR in all materials produced by the Trainer pursuant to the performance of the Training Services shall be the property of the Trainer. The IPR contained on Our Site cannot be used, modified, copied, distributed, adapted, altered, or in any way dealt with, without TT’s written permission.
    • All IPR in or arising out of or in connection with Our Site and TT Platform Services (other than IPR in any material produced by Trainers) will be owned by TT (or TTT’s licensors).
  • DATA PROTECTION AND PRIVACY
    • TT and the Trainers (as applicable) each warrant that they shall at all times comply with Applicable Data Protection Laws and shall Process any User Personal Data (both terms as defined in the Applicable Data Protection Laws) in accordance with TT’s privacy policy, the terms of which are incorporated into this User Platform Agreement by reference (Section 3 Appendix B)
    • Without prejudice to the above or any provision set out in TT’s privacy policy, You understand that by registering for a User Account on Our Site, TT will use any personal information that is wilfully provided for the following purposes to:
      • provide the TT Platform Services;
      • process your payment for any Training Sessions; and
      • inform You about similar services that TT provide, but You may stop receiving these at any time by contacting TT.
    • LIMITATION OF LIABILITY

PLEASE SEE PARAGRAPH 12 IN SECTION 2 ABOVE.

  • CANCELLING TRAINING SESSIONS
    • If You cancel a Training Session on 24 hours’ or more notice TT shall refund 100% of your payment and send an email confirmation confirming the same; or
    • If You cancel a Training Session on less than 24 hours’ notice, You will be required to pay 100% of the User Fees in respect of the cancelled Training Session and the corresponding TT Credits shall be deducted from your TT Wallet and TT shall send an email confirmation confirming the same.
    • If You cancel a Training Session without cause, or if You repeatedly cancel Training Sessions, TT may end this User Platform Agreement in accordance with clause 15 The number of Training Sessions cancelled by You shall be recorded by TT and kept on your record.
  • TERM AND TERMINATION
    • This User Platform Agreement shall commence on the date that You register for a User Account on Our Site and shall continue until terminated in accordance with this clause 15 (with no liability, obligation, or penalty to TT by reason of such termination).
    • You should note that, as a consumer, You have a legal right to change your mind within 14 days from the Deemed Commencement Date (“Cancellation Period“) and receive a refund for any un-used TT Credits by contacting [email protected] and requesting to cancel your purchase.
    • However please note, by selecting the accept option when You register for a User Account and provided You then go on to purchase TT Credits and book a Training Session within the Cancellation Period, please note TT will regard these actions as your request for a Trainer to supply the relevant Training Services before the end of the Cancellation Period and You will therefore no longer have the right to request a refund for any fully performed Training Sessions.
    • Without limiting any of TT’s other rights, TT may suspend the performance of the Training Services, or terminate this User Platform Agreement with immediate effect by giving written notice to You if You:
      • commit a material breach of any term of this User Platform Agreement;
      • provide any information that is later found to be untrue, inaccurate, out-of-date, or incomplete;
      • act in any way that has brought, or could bring, TT’s reputation in to disrepute; or
      • fail (without reason) to attend a Training Session or repeatedly cancel Training Sessions.
    • You may always terminate this User Platform Agreement for convenience at any time by providing TT with written notice.
    • In the event of termination of this User Platform Agreement:
      • You shall pay for all Training Services already successfully delivered (which are not the subject of a dispute as at the date of termination) and for any other Training Sessions that have been booked by You and are due to take place in less than 24 hours as at the date of termination. In all other circumstances, You can request a refund for any unused TT Credits in accordance with clause 6 above;
      • TT shall cease to provide access to Our Site and You shall cease to use the Training Services, and all rights and licences granted by either party shall cease.
    • FORCE MAJEURE
      • TT will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this User Platform Agreement that is caused by any act or event beyond our reasonable control (“Event Outside Our Control“).
      • If an Event Outside Our Control takes place that affects the performance of TT’s obligations under this User Platform Agreement:
        • TT will contact You as soon as reasonably possible; and
        • TT’s obligations under this User Platform Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. TT will use all reasonable endeavours to re-commence the affected Training Services as soon as possible after the Event Outside Our Control is resolved.
      • You may cancel this User Platform Agreement if it is affected by an Event Outside Our Control which has continued for more than sixty (60) To cancel please contact TT. If You opt to cancel, TT will refund any unused TT Credits in accordance with clause 6, less any Trainer Fees reasonably and actually incurred by TT in performing the Training Services up to the date of the occurrence of the Event Outside Our Control.
    • GENERAL
      • No Partnership. Nothing in this User Platform Agreement shall be deemed to constitute or imply any partnership or joint venture between any of the parties or constitute either of the parties as agent of the other nor authorise any party to make or enter into any commitments for or on behalf of any other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
      • Enforceability: If any provision of this User Platform Agreement is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable in whole or in part, that provision shall, to the extent required, be deemed not to form part of this User Platform Agreement and the validity and enforceability of the other provisions of this User Platform Agreement shall not be affected.
      • Entire Agreement: This User Platform Agreement together with TT’s cookie policy, privacy policy and Our Site’s Terms of Use sets out the entire agreement and understanding between the parties, and supersedes all proposals and prior discussions, correspondence, negotiations, agreements, arrangements and understandings between the parties, relating to the subject matter of this User Platform Agreement. Each party acknowledges that in entering into this User Platform Agreement it does not rely on any representation, warranty, or other assurance of any person (whether party to this User Platform Agreement or not) that is not set out in this User Platform Agreement. Each party waives all rights and remedies which, but for this clause 17.3 might otherwise be available to it in respect of any such representation, warranty or other assurance. The only remedy available to any party in respect of any representation, warranty or other assurance that is set out in this User Platform Agreement is for breach of contract under the terms of this User Platform Agreement. Nothing in this User Platform Agreement shall, however, limit or exclude any liability for fraud.
      • Waiver: No delay or non-exercise of either party in exercising any right or power it has under this User Platform Agreement shall affect such right or power or be interpreted as a waiver of it. No single or partial exercise or non-exercise of any right or power shall in any circumstances affect any other or further exercise of the same right or power or the exercise of any other right or power.
      • Assignment: TT may assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights and obligations under this User Platform Agreement. You may only assign, transfer, charge, sun-contract its rights or its obligations under this User Platform Agreement to another person with TT’s prior written consent.
      • Third party rights: This User Platform Agreement is between You and TT. No other person has any rights to enforce any of its terms.
      • Governing law and jurisdiction: The User Platform Agreement is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with this User Platform Agreement to the exclusive jurisdiction of the English courts.

 

SCHEDULE 1 – Trainer and Coach User Agreement

This Schedule 1 sets out the additional principle terms and conditions on and subject to which a non-Team Teach self-employed Trainer will provide Training Services to Users (“Trainer User Agreement“).

For clarity, the terms and conditions of the User Platform Agreement set out in Appendix A (above) shall form part of the legally binding contract between the User and the Trainer and shall be incorporated into this Trainer User Agreement by reference. Except as provided expressly in this Trainer User Agreement, terms as defined in the (above) User Platform Agreement will have the same meaning when used in this Trainer User Agreement. If there is an inconsistency between any of the provisions of this Trainer User Agreement and the provisions of the (above) User Platform Agreement, the provisions of the User Platform Agreement shall take precedence.

In consideration of the Trainer Fees, the Trainer and the User hereby agrees to be bound by the following:  

  • the Trainer shall provide the Training Sessions to the standard expected of a qualified Trainer Training the subject and to the level indicated on the relevant Trainer’s profile page on the Site; and as later confirmed in your order;
  • neither the Trainer or TT warrants that by virtue of attending a Training Session and/or using Our Site a User will achieve a particular result or qualification;
  • all IPR in any TGM produced by the Trainer pursuant to the performance of the Training Services shall be the property of the Trainer. The Trainer shall (automatically) grant to a User a non-exclusive, royalty free, non-transferable licence to use any relevant TGM to the extent only that the User’s use is limited to the User’s own studies and is necessary for the User to receive the Training Services and/or obtain the benefit of the Training Services. Notwithstanding the foregoing, the User is strictly prohibited from publishing, distributing or sharing any TGM without the Trainer’s prior (written) consent;
  • a User will at all times during a Training Session be respectful in their interaction with the Trainer and in the case of group Training Sessions shall not be disruptive to other Users. A User acknowledges that a Trainer can elect (acting fairly and reasonable) to mute a microphone and/or turn off a User’s video if a Trainer considers that a User is being disruptive or inappropriate;
  • following completion of a Training Session, any issues or complaints should be, in the first instance, dealt with directly between the User and the Trainer via the chat function on Our However, if a party is not satisfied either one can refer an issue or complaint to TT to be dealt with in accordance with clause 11 of the User Platform Agreement.; and
  • the Trainer shall (acting fairly and reasonably) agree to reschedule a Training Session if:
    • the Trainer has to cancel a Training Session for any reason; or
    • any technical issues arise during a Training Session that are beyond the control of the User and/or the Trainer.

This Trainer User Agreement shall automatically terminate on termination of the User Platform Agreement. 

 

Appendix B: Trainer Platform agreement

These terms and conditions form the basis of our agreement with any Trainer (or “You“) regarding access to Our proprietary online platform at https://www.teamteach.co.uk/ (“Our Site“). If You wish to provide the Training Services (defined below) You will need to accept these terms and conditions in accordance with clause 2.1 below, which together with your completed online registration forms (both as a User and as a Trainer) shall constitute the (the “Trainer Platform Agreement“).

  • DEFINITIONS

In this Trainer Platform Agreement the following definitions shall apply or, if not defined below, as defined in the User Platform Agreement (in Appendix A of Section 3 above):

  • Applicable Laws: all applicable laws, statutes, regulations and codes from time to time in force;
  • Applicable Data Protection Laws: means s all applicable data protection and privacy legislation in force from time to time in the UK including but not limited to the General Data Protection Regulation ((EU) 2016/679) (the GDPR); the UK GDPR (as such term is defined in the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019) (such legislation being referred to in this Trainer Platform Agreement as the UK GDPR), the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426), in each case as may be amended, updated or supplemented from time to time;
  • Intellectual Property Rights or IPR: patents, utility models, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
  • Insolvency Event: occurs when:
    • a party becomes unable to pay its debts as they fall due or the value of its assets is less than the amount of its liabilities taking into account its contingent and prospective liabilities;
    • in relation to a party a statutory demand is served, a receiver is appointed or any insolvency procedure under the Insolvency Act 1986 is instituted or occurs or notice of intention to institute such a procedure is given;
    • any order is made for, or there occur, proceedings constituting main proceedings in any member state of the European Union;
    • any analogous demand, appointment or procedure is instituted or occurs in relation to a party elsewhere than in England and Wales; or
    • in respect of a person, any step or action is taken in connection with a person being made bankrupt, entering any composition or arrangement with a person’s creditors, having a receiver appointed to any assets owned by such person, or such person ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
  • Refund Event: means any event where a refund is issued to a User by You or TT. Once a Training Session has occurred between a User and You, You or TT may issue a refund to the User in accordance with the terms of this Trainer Platform Agreement, the User Platform Agreement and the Trainer User Agreement;
  • Trainer: means You, as an individual trainer / coach, who has been successfully registered on the Site by TT;
  • Trainer Account: means the secure online account created by You, which will hold all of the your personal details and from where You can access the TT Platform Services and Training Services via your login details;
  • Trainer Computer System: means your computer system and software, which as a minimum must include a working computer, a recommended web browser (e.g. Google Chrome, internet explorer etc.), a webcam, a broadband internet connection (with adequate bandwidth) and a working microphone and speaker;
  • Trainer Generated Materials or TGM: means all documents, information, material (which includes without limitation your profile, text, articles, images, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features, items and materials) medium or technology, whether owned by You or a third party, which is uploaded, embedded or otherwise displayed and/or stored on Our Site by You for the purposes of using or accessing the TT Platform Services and the Training Services that may be viewed on, accessed through or disseminated publicly on Our Site for your use and for use by TT or a User;
  • Trainer User Agreement: means the agreement between a User and You, which is set out in Schedule 1 of the User Platform Agreement (in Appendix A of Section 3 in this webpage);
  • Trainer Wallet: means the online wallet account where TT Credits are held on your behalf prior to the completion of a Training Session and TT transferring the Trainer Fees to You;
  • Trainer Fees: means the agreed sums payable for the Training Services collected by TT from a User on your behalf;
  • Training Services: means the supply of individual and/or group online Training Sessions carried out by You to Users;
  • Training Session: means a pre-booked individual and/or group training or coaching session which is arranged and booked by a User via Our Site;
  • TT Platform Services: means the supply and maintenance of:
    • a fully managed online marketplace platform that allows You to register and create a Trainer profile, upload your credentials, communicate with prospective Users and subject to the terms of the Trainer User Agreement, provide Training Services to Users; and
    • other TT support services provided by TT including (without limitation) Trainer support services billing, website and IT support;
  • TT Platform Fee: is TT’s platform commission fee for non-Team Teach self-employed trainers of 20% plus VAT (for Trainers based in the UK) or 24% (for Trainers based outside of the UK) of the applicable Trainer Fees collected by TT (on your behalf) from a User for delivering a Training Session. The TT Platform Fee is included in the Training Fee that is at all times set by You and displayed on Our Site;
  • TT Credits: Where these are made available, means the pre-paid credits which can be purchased by Users or provided to Users pursuant to a gift card or code or promotion and are then allocated to a registered User’s TT Wallet. TT Credits can be used to purchase Training Sessions. One TT Credit has the equivalent value of one (1) pound (GBP);
  • TT Materials: has the meaning given to it in clause 12.5;
  • User Platform Agreement: means the agreement between TT and a User, which is set out in Appendix A of this Section 3;
  • User Feedback: means an individual rating left by a User on Our Site following the completion of a Training Session by You which is scored on a 1 to 5 star rating basis (1 being poor up to 5 being excellent); and
  • VAT: value added tax or any equivalent tax chargeable in the UK or elsewhere.

Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

A reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time.

A reference to writing or written includes email.

Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

  • YOUR CONTRACT WITH TT
    • By ticking the acceptance box before submitting your online registration form to create a User Account and/or Trainer Account or otherwise accessing or using Our Site and/or delivering Training Services through Our Site, You hereby acknowledge and agree that You have read, understood and agreed to be bound by the Trainer Platform Agreement. TT may change this Trainer Platform Agreement (or any part) at any time, by giving You not less than thirty (30) days ‘ written notice of such changes. If during and after this notice period You continues to provide Training Services through Our Site, You will be deemed to have accepted any changes. However, if at any time You do not agree with any of the relevant terms and conditions (set out below), You should immediately stop accessing and using Our Site and/or providing the Training Services and immediately seek payment of any Trainer Fees payable in accordance with clause 7 below.
    • To contact us, telephone our customer service team on +44 (0) 20 3746 0938 or email us at [email protected]

YOU ARE RESPONSIBLE FOR PROVIDING THE TRAINING SERVICES TO USERS. OUR TT PLATFORM SERVICES ARE MERELY TO FACILITATE USERS TO FIND AND BOOK TRAINING SESSIONS WITH YOU. YOUR RIGHTS AND OBLIGATIONS WITH REGARD TO THE TRAINING SERVICES PROVIDED TO A USER ARE GOVERNED BY THE TRAINER USER AGREEMENT SET OUT IN SCHEDULE 1 OF APPENDIX A (ABOVE) AND IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THESE TOO.

 provides You with all the information You need in order to register on Our Site for your Trainer Account along with full details of what information we require from You to be able to set up your Trainer Account.

  • Please note You must submit a complete and accurate registration applications in order to use Our Any incomplete or inaccurate information may result in Us rejecting your application. TT may authorise You to use Our Site and receive the TT Platform Services.
  • You will need to register and provide TT with your first name, surname and email address in order to set-up your User Account and Trainer Account on Our Site through the registration process. Please note that by registering on Our Site You are accepting sole responsibility for all activities that are carried out under your Trainer Account. You must keep your log in details confidential and not share them with anyone else. Please note, TT does not warrant at any time to have checked daily the identities of all the Users and/or other registered Trainers on Our Site and therefore excludes any liability where a User and/or your Trainer Account are being used by someone other than the registered User or You. You agree to immediately report to TT any unauthorised use or suspicious activity by calling +44 (0) 20 3746 0938 or emailing [email protected]
  • You will only create one User and Trainer Account and shall not create multiple User and/or Trainer Accounts for the purpose of causing interruption to the functionality of Our Site and/or the TT Platform Services (or any part thereof) or for any other reason in breach of this Trainer Platform Agreement.
  • TRAINER OBLIGATIONS, WARRANTIES & INDEMNITIES
    • When You access Our Site, use the TT Platform Services and/or provide Training Services, You must at all times comply with any requirements as directed by TT (as such requirements may be amended from time to time and in accordance with this Trainer Platform Agreement).
    • You acknowledge and agree that use of Our Site is entirely at your own risk and You must exercise the utmost caution at all times when dealing with Users and when entering into the Trainer User Agreement to provide the Training Services.
    • You agree to:
      • at all times in accordance with the highest professional standards and not act in any way which could bring TT into disrepute;
      • cooperate with TT and Users in all matters relating to the Training Services and (if requested) promptly provide to TT and Users all such information as they may reasonably require in connection with the provision of the Training Services;
      • comply at all times with the terms and conditions of the Trainer User Agreement (set out in Schedule 1 of the User Platform Agreement);
      • authorise TT to act as your agent to agree the Trainer User Agreement on your behalf and collect TT Credits and/or Trainer Fees;
      • provide TT with your current account bank details which must be a UK current account and held in your name;
      • assume total responsibility for your role as a Trainer and for the provision of Training Services to the User which includes the preparation and content of Training Sessions;
      • advise TT at the earliest possible opportunity if your circumstances change in relation to accessing Our Site or if there is any technical problem with your Trainer Computer System or internet connection;
      • obtain and maintain the Trainer Computer System in good working order to be able to deliver the Training Services;
      • not provide the Training Services in any way or manner inconsistent with or in breach of TT’s privacy policy https://www.myfamilycoach.com/privacy-statement-uk/
      • accept full responsibility for any issue or complaint raised by a User arising from issues connected to the performance of your Trainer Computer System which have in any way affected the performance of your supply of the Training Services;
      • treat TT and the Users with the utmost respect and not use any obscenities, make threats, or discuss matters other than those directly related to the subject of the Training Session;
      • except for when in accordance with clause 12, not disclose any information to a User that could be considered personally identifiable information including your address, telephone number, email address, National Insurance number, password or any other information that could be used to identify or locate You; and
      • not solicit any personal information from any User, and You agree that if any User ever discloses personal information to You, or similarly asks You for any personal information, or suggests any kind of offline meeting or conversation, You will immediately and without delay report this to Us by calling Us on +44 (0) 20 3746 0938 or emailing [email protected];
      • ensure at all times that You have adequate and up to-date security software to protect against the transmission of viruses and other computer malware during your access to Our Site and use of the TT Platform Services;
      • notify TT immediately if You become ill or otherwise unable to attend a Training Session and TT will notify any User on your behalf (if not already done so);
      • only accept instructions and Training Sessions within your qualified area of expertise. You shall only ever perform Training Services that You are qualified to deliver and are at all times within your ability and competency;
      • notify Users immediately if You become unexpectedly ill or otherwise incapable and unable to provide the Training Services. In such circumstances, You shall work (in good faith) to re-schedule any affected Training Sessions and notify TT of what is agreed between You and any affected Users regarding the postponement or cancellation of your Training Sessions (or the re-assignment to another Trainer). In any event You acknowledge and agree that TT may take any action it deems necessary, including refunding TT Credits for any cancelled Training Sessions;
      • only contact a User via the TT online chat box via Our Site only. You agree that all other means of communication with a User is strictly prohibited outside of Our Site; and
      • not publish any abusive comments about a User or another Trainer on Our Site or any other place including defamatory or derogatory comments. If You have a complaint please contact the User in the first instance in accordance with clause 11.2 and failing that contact Us.
    • At all times during the term of this Trainer Platform Agreement, You confirm to us that You shall:
      • be personally responsible for any information posted on Our Site and submitted throughout the registration process and You shall ensure that this information is at all times during the term of this Trainer Platform Agreement accurate, true, up-to-date and complete;
      • comply with all your obligations set out at this Trainer Platform Agreement;
      • at all times comply with the provisions of the Applicable Data Protection Laws;
      • comply with all Applicable Laws, regulations and codes of practice which regulate the activities of the online environment;
      • protect your Trainer Account by not sharing your login details with any other person; and
      • accept full responsibility for any comments made in response to User Feedback and thereafter shall cooperate fully with any issue or disputes that arise as a result of any issues connected to the performance or non-performance of the Training Services, which includes (without limitation) any problems with your Trainer Computer System that may be affecting the proper delivery of the Training Services.
    • You acknowledge and agree that any violation of this Trainer Platform Agreement may lead to a temporary suspension of your Trainer Account and/or a termination of this Trainer Platform Agreement (at TT’s sole discretion). Likewise, TT may terminate any Training Session at any time where TT (acting fairly and reasonably) considers that You are uploading or otherwise transmitting inappropriate content in breach of this Trainer Platform Agreement.
    • You shall indemnify TT on demand, and shall keep TT fully and effectively indemnified against any and all losses arising out of or in connection with:
      • your Training Services;
      • any breach of this Trainer Platform Agreement or breach of obligation or warranty by You or any negligent act or omission by You (other than and to the extent that any losses arise directly from breach of this Trainer Platform Agreement by TT or by TT’s negligence); and
      • any and all claims, complaints or legal proceedings instigated by a User against You.

  • TT PLATFORM SERVICES
    • TT agrees to:
      • provide the TT Platform Services and access to Our Site using reasonable care and skill; and
      • co-operate with You and provide any reasonable assistance as may be necessary to facilitate your proper performance of the Training Services to Users.
    • Please note You will at all times be responsible for ensuring your Trainer Computer System is functioning correctly and compatible to support Our Site and provide the Training Services (or any part thereof). However subject to clauses 3 and 5.4 below, in some rare circumstances there may be other issues that result in your Trainer Computer System being unable to successfully validate and access Our Site, the TT Platform Services or provide the Training Services to Users, the TT’s customer services team will use all reasonable efforts to investigate these issues and resolve them as quickly as possible.
    • TT shall use all reasonable endeavours to make access to Our Site and TT Platform Services available to You at all times. However, TT specifically denies any implied or express warranty or representation that access to Our Site or TT Platform Services will be uninterrupted or error-free. Accordingly where access to the Site or TT Platform Services are not available for any reason whatsoever, TT shall not be liable to You including where lack of access arises as a result of:
      • your failure to comply with the terms of this Trainer Platform Agreement;
      • any misuse or negligent act or omission by You;
      • any inability by You to access Our Site and/or provide the Training Services (or any part thereof) including (without limitation): (a) resultant feedback (echos), audio break-ups, video or sound delays; (b) your failure to use and/or configure any part of the prescribed Trainer Computer System; and/or (c) your failure to meet the minimum system requirements; or
      • any internet connection issues, power outages (including power cut, power failure, power loss, dropout, blackout and brownout) or emergency maintenance work.
    • You may from time to time experience technical problems during a Training Session that are beyond TT’s control (e.g. due to fluctuations or insufficient bandwidth). In such circumstances, You shall offer to reschedule the affected Training Session free of charge. Please contact the User in the first instance to discuss any problems or issues You and/or the User has experienced during a Training Session. If for whatever reason, You are unable to resolve the issue with the User please contact Us by calling +44 (0) 20 3746 0938 or emailing [email protected]

  • TRAINER FEES
    • The Trainer Fees will be set out in full on Our You should note that You are entitled to the full Trainer Fees (subject to Our right to deduct the TT Platform Fees in accordance with clause 8.3 below and otherwise where we are obliged to provide a refund) and You will have the right to set (and update at any time) your own Trainer Fees provided always that You do not at anytime (retrospectively) change the applicable Trainer Fees that have been agreed with Users for existing Training Sessions..

  • PAYMENT OF TRAINER FEES
    • Subject to clauses 7.3 and 8.3, You shall have a right to request the Trainer Fees on completion of a Training Session (“Due Date“). TT shall make any settlement payment to You by BACS, to the bank account registered on your Trainer Account (or to such other bank account as the parties agree in writing from time to time).
    • If either party fails to make any payment due (and undisputed) under this Trainer Platform Agreement within thirty (30) days post the Due Date, the other party shall be entitled to charge interest on the overdue sum for the period from and including the due date of payment up to the actual date of payment (after as well as before judgment) at the rate of 3%
    • No Trainer Fees shall be payable to You where TT has provided a User with any Free TT Credits to redeem against Training Services and a User redeems such Free TT Credits.

  • TT PLATFORM FEE
    • For non-Team Teach self-employed trainers there is a 20% commission fee.
    • You authorise TT to act as your agent to accept credit and debit card payments from Users to purchase TT premium content and services in connection with your provision of the Training Services.
    • TT shall at all times hold all Trainer Fees to which You have become entitled until You make a withdrawal request in accordance with clause 7 Notwithstanding the foregoing, You agree that TT is entitled to deduct the TT Platform Fee from any Trainer Fees payable to You.

  • REFUND EVENT
    • You agree that in the event of a Refund Event, TT shall be entitled (at its sole discretion) to refund TT Credits to a User on your behalf in full or in part. In such event, You will not receive the associated Trainer Fees (or only part of the Trainer Fees) as agreed by TT and the User, in respect of the relevant Training Session.
    • If any Refund Event occurs subsequent to You receiving the Trainer Fees from TT, TT shall be entitled to withhold sufficient monies and offset any amounts payable to You by TT under this Trainer Platform Agreement from any Trainer Fees collected by TT thereafter to enable TT to reimburse the relevant Trainer Fees to a User.
    • You shall be responsible for refund requests and/or all chargebacks on Training Sessions performed and shall indemnify TT against all losses resulting from chargebacks and/or refund requests.

  • TRAINER EMPLOYMENT STATUS
    • If you are a non-Team Teach self-employed trainer You are directly responsible to HMRC for all matters regarding Income Tax, VAT and relevant National Insurance contributions. Accordingly, You agree to keep all records of payments made by TT to You by way of Trainer Fees for completion of annual tax returns,.
    • You agree that nothing in this Trainer Platform Agreement constitutes a contract of employment between You and TT and You shall at all times be fully responsible for and indemnify TT against any liability, assessment or claim for any employment-related claim or any claim based on worker status brought by You relating to the Training Services performed pursuant to this Trainer Platform Agreement or any Trainer User Agreement. This indemnity shall include all expenses and costs, including legal fees, incurred by TT in dealing with any such claim brought by You or anyone else on your behalf.
    • Nothing in this Trainer Platform Agreement shall prevent You from being engaged, concerned with or from having any financial interest in any capacity in any other business, trade, profession or occupation during the term of this Trainer Platform Agreement provided that such activity does not cause a breach of any of your obligations under this Trainer Platform Agreement.
  • USER FEEDBACK & DISPUTES
    • After each Training Session, a User will be prompted to complete a User Feedback form to record how satisfied the User was with You, Our Site, the TT Platform Services, the Training Services and/or the overall Training Session (more generally).
    • Following completion of a Training Session and/or the submission of a User Feedback form, any issues should in the first instance try to be resolved between a Trainer and a User. If however an issue is not resolved, You or a User can report or raise to TT any issues or concerns. TT (acting fairly and reasonably) shall then be entitled to carry out an investigation upon receipt of such feedback or comments. If deemed necessary, TT (at its sole discretion) may temporarily suspend a Trainer Account and/or the User from receiving any more Training Services until an investigation is carried out and settled in a timely manner. Notwithstanding the foregoing, TT may in exceptional cases be entitled to terminate this Trainer Platform Agreement.
  • INTELLECTUAL PROPERTY RIGHTS
    • You acknowledge that by registering for a Trainer Account any TGM uploaded to create a Trainer’s profile will be displayed to all visitors of Our Site and shall be accessible via internet search engines.
    • TT has the right to remove any TGM that violates this Trainer Platform Agreement or is otherwise, in TT’s sole opinion, objectionable or in any way offensive. Accordingly, You acknowledge that TT may screen any TGM and that TT may remove any TGM (at its total discretion).
    • If at anytime You wish to display, share or publish any TGM via Our Site You shall (automatically) grant:
      • to TT, a worldwide, non-exclusive, royalty-free license to use, record, publish, distribute, and otherwise display any TGM, or any part of it, and the IPR therein, solely for, and only to the extent necessary, to allow TT to provide access to Our Site and provide the TT Platform Services ; and
      • to Users the IPR licence set out at paragraph 3 of the Trainer User Agreement.
    • All IPR in any TGM shall be your property (or your licensors). You therefore:
      • warrant that any TGM that is displayed on your profile, shown or provided to Users during a Training Session, contributed to the Site or is otherwise used by You in any way as part of your Training Services (more generally) (excluding TT Materials) will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), save for where You have an express right or permission from the rightful owner, or is otherwise legally entitled to use the TGM in question and to grant the licenses referred to in clause 12.3 above; and
      • shall indemnify TT (and its permitted sub-licensees) in full against all costs, expenses, damages and losses, including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by TT as a result of or in connection with any claim brought against TT for actual or alleged infringement of a third party’s IPR arising out of, or in connection with, the receipt, use of supply of the Training Services and the TGM (excluding TT Materials).
    • All IPR in or arising out of or in connection with the Our Site and TT Platform Services (“TT Materials“) (other than IPR in any TGM provided by You) will be owned by TT (or TT’s licensors).
  • DATA PROTECTION, PRIVACY AND CONFIDENTIALTY
    • TT and You (as applicable) each warrant that they shall at all times comply with Applicable Data Protection Laws and shall Process any User Personal Data (both terms as defined in the Applicable Data Protection Laws) in accordance with TT’s privacy policy, the terms of which are incorporated into this Trainer Platform Agreement by reference See section 3 Appendix B.
    • Without prejudice to the above or any provision set out in TT’s privacy policy, You understand that by registering for a Trainer Account on Our Site, TT will use any personal information that is wilfully provided for the following purposes to:
      • provide the TT Platform Services;
      • process your payment for the Training Services; and
      • inform You about similar services that TT provides, but You may stop receiving these at any time by contacting TT.
    • Each party undertakes that it shall not at any time during this Trainer Platform Agreement, and for a period of five (5) years after termination of this Trainer Platform Agreement, disclose to any person any confidential information concerning the business, affairs of the other (or in the case of TT its Users) except as permitted by clause 4.
    • Each party may disclose the other party’s confidential information:
      • to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this Agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this clause 13.3; and
      • as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
    • No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this Agreement. TT reserves the right to share anonymised data and insight of usage of the platform to other organisations.
  • LIMITATION OF LIABILITY

PLEASE SEE PARAGRAPH 12 IN SECTION 2 ABOVE.

  • CANCELLING TRAINING SESSIONS
    • If You cancel a Training Session without cause, or if You repeatedly cancel Training Sessions, TT may end this Trainer Platform Agreement in accordance with clause 16 below. The number of Training Sessions cancelled by You shall be recorded by TT and kept on your record.
  • TERM AND TERMINATION
    • This Trainer Platform Agreement shall commence on the date that You register a Trainer Account on Our Site and shall continue until terminated in accordance with this clause 16 (with no liability, obligation, or penalty to TT by reason of such termination).
    • Without limiting any of TT’s other rights, TT may suspend the performance of the TT Platform Services, or terminate this Trainer Platform Agreement with immediate effect by giving written notice to You if You:
      • commit a material breach of any term of this Trainer Platform Agreement;
      • suffer an Insolvency Event;
      • die or, by reason of illness or incapacity (whether mental or physical), You becomes incapable of managing your own affairs or becomes a patient under any mental health legislation;
      • provide any information that is later found to be untrue, inaccurate, out-of-date, or incomplete;
      • act in any way that has brought, or could bring, TT’s reputation in to disrepute;
      • have any User Feedback that is deemed by TT (acting fairly) to be unacceptable;
      • are convicted of a criminal offence or are the subject of any investigation, which may in TT’s opinion (at its total discretion) impact Users ‘ safety; or
      • fail (without reason) to attend a Training Session or repeatedly cancel Training Sessions.
    • If pending resolution of a dispute or otherwise, TT suspends your use of Our Site pursuant to the terms of this Trainer Platform Agreement, TT will notify You and include in its notice of suspension full details of the reason for your suspension. You may contact TT to discuss any of the issues raised in such notice by the methods set out on Our
    • You may always terminate this Trainer Platform Agreement for convenience at any time by providing TT with not less than sixty (60) days ‘ written notice.
    • In the event of termination of this Trainer Platform Agreement:
      • You will be entitled to receive payment of Trainer Fees for all Trainer Services already successfully delivered and which are not the subject of a dispute as at the date of termination;
      • TT shall cease to provide access to Our Site and You shall cease to use the Training Services, and unless otherwise specified in this Trainer Platform Agreement all rights and licences granted by either party shall cease; and
      • You shall immediately return all confidential information in your possession together with all copies thereof; or, if required to do so, destroy all confidential information in your possession, custody or control by shredding or incinerating the same and/or irretrievably deleting the same if stored on electronic or magnetic media and certify to TT that this has been done.
    • FORCE MAJEURE
      • TT will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Trainer Platform Agreement that is caused by any act or event beyond our reasonable control (“Event Outside Our Control“).
      • If an Event Outside Our Control takes place that affects the performance of TT’s obligations under this Trainer Platform Agreement:
        • TT will contact You as soon as reasonably possible; and
        • TT’s obligations under this Trainer Platform Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. TT will use all reasonable endeavours to re-commence the affected Training Services as soon as possible after the Event Outside Our Control is resolved.
      • You may cancel this Trainer Platform Agreement if it is affected by an Event Outside Our Control which has continued for more than sixty (60) To cancel please contact TT. If You opt to cancel, TT promptly pay any Trainer Fees for all Training Services already successfully delivered (which are not the subject of a dispute) up to the date of the occurrence of the Event Outside Our Control.
    • GENERAL
      • No Partnership. Nothing in this Trainer Platform Agreement shall be deemed to constitute or imply any partnership or joint venture between any of the parties nor authorise any party to make or enter into any commitments for or on behalf of any other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
      • Enforceability: If any provision of this Trainer Platform Agreement is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable in whole or in part, that provision shall, to the extent required, be deemed not to form part of this Trainer Platform Agreement and the validity and enforceability of the other provisions of this Agreement shall not be affected.
      • Entire Agreement: This Trainer Platform Agreement together with TT’s cookie policy, privacy policy and Our Site’s Terms of Use sets out the entire agreement and understanding between the parties, and supersedes all proposals and prior discussions, correspondence, negotiations, agreements, arrangements and understandings between the parties, relating to the subject matter of this Trainer Platform Agreement. Each party acknowledges that in entering into this Trainer Platform Agreement it does not rely on any representation, warranty, or other assurance of any person (whether party to this Trainer Platform Agreement or not) that is not set out in this Trainer Platform Agreement. Each party waives all rights and remedies which, but for this clause 3 might otherwise be available to it in respect of any such representation, warranty or other assurance. The only remedy available to any party in respect of any representation, warranty or other assurance that is set out in this Trainer Platform Agreement is for breach of contract under the terms of this Trainer Platform Agreement. Nothing in this Trainer Platform Agreement shall, however, limit or exclude any liability for fraud.
      • Waiver: No delay or non-exercise of either party in exercising any right or power it has under this Trainer Platform Agreement shall affect such right or power or be interpreted as a waiver of it. No single or partial exercise or non-exercise of any right or power shall in any circumstances affect any other or further exercise of the same right or power or the exercise of any other right or power.
      • Assignment: TT may assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights and obligations under this Trainer Platform Agreement. You may only assign, transfer, charge, sun-contract its rights or its obligations under this Trainer Platform Agreement to another person with TT’s prior written consent.
      • Third party rights: This Trainer Platform Agreement is between You and TT. No other person has any rights to enforce any of its terms.
      • Governing law and jurisdiction: The Trainer Platform Agreement is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with this Trainer Platform Agreement to the exclusive jurisdiction of the English courts

 

SECTION 4: Privacy Policy

Team Teach Ltd. – Privacy Policy

Introduction

Teach Teach Ltd. (collectively referred to as “TT“, “We“, “Us” or “Our” in this privacy policy (“Policy“)) takes privacy very seriously and has created this Policy in order to demonstrate Our commitment to protecting any personal data that is provided to Us when using Our website: https://www.myfamilycoach.com (the “Site“) or mobile application: ‘My Family Journal’ (the “App“).

Unless otherwise specified below, all defined terms in Our Cookie Policy, Terms of Use, User Platform Agreement, Trainer User Agreement and Trainer Platform Agreement shall apply to this Policy and all of which are incorporated (where applicable) by this reference. In this Policy, “You” or “your” refers to any User of the Site or App irrespective of whether You are a Trainer, parent, guardian or any other type of user. This Policy will inform You about:

  • what information We collect about You;
  • how We collect and processes your personal data through your use of Our Site or App, including any data You may provide through Our Site or App when You enquire about or use the Free and PAYG Services;
  • how to look after your personal data when You visit Our Site or App (regardless of where You visit it from); and
  • your privacy rights and how the law protects You.
  1. Important information and who We are

It is important that You read this Policy together with any other privacy policy or fair processing policy We may provide on specific occasions when We are collecting or processing personal data about You so that You are fully aware of how and why We are using your data. This Policy supplements other notices and privacy policies and is not intended to override them.

For your information, We are the controller of personal data on Our Site or App and We are responsible for your personal data. We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this Policy.

If You have any questions about this Policy, including any requests to exercise your legal rights, or Our privacy practices, please email: [email protected] or telephone Our customer service line on: +44 (0)800 7734293

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before You approach the ICO so please contact Us in the first instance.

Changes to the privacy policy and your duty to inform Us of changes

We keep Our privacy policy under regular review. This version was last updated in March 2022 Historic versions can be obtained by contacting Us.

It is important that the personal data We hold about You is accurate and current. Please keep Us informed if your personal data changes during your relationship with Us.

Third-party links

Our Site and App may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about You. We do not control these third-party websites and are not responsible for their privacy statements. When You leave Our Site or App, We encourage You to read the privacy policy of every website You visit.

Mobile App

By installing the App, You consent to our processing of your personal data (including your name, contact details, location (disclosed by GPS technology) and device information) as described in this Policy.

  1. The data We collect about You

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

TT processes personal data as a necessary part of entering into and performing our agreement with You, which is governed by our Terms of Use, App Licence, User Platform Agreement and Trainer Platform Agreement. As part of the process of using Our Site, App and/or the Free and PAYG Services, we require You to give Us certain personal information which We will need to provide the Free Services and/or PAYG Services You require or have requested. Without this information We may not be able to fulfil Our agreement with You. The type of personal information We will collect depends on the services that We provide to You and/or the medium of doing but includes (without limitation):

  • Trainer verification checks: when You apply as a Trainer We may undertake qualification checks and ask for verification to evidence that You qualified at the institute You purport to have attended and request a copy of a valid ID card or passport (e.g. a driving licence etc.). We also ask for information to demonstrate that You have the right to work in the UK.
  • Trainer Registration Details: this information may include a Trainers’ educational background and qualifications, area of expertise re subjects, one profile picture and video or hardcopy curriculum vitae (“CV“), applicable coaching Fees, Trainer availability and gender. We require this information so that We can process your application to become a Trainer;
  • Trainer availability: If You have an account as a Trainer on the Site or App We collect information on your on-site behaviour, capacity and interactions with other Users to help show You the most compatible requests and show Users the most compatible Trainers;
  • Account information: to enable Us to create an online account for You on Our Site or App. Depending on whether You register as a User or a Trainer, this information can include your name, email, optional telephone number and geo-location;
  • Order History: to enable You to see what courses You have booked, attended and paid for;
  • Our App: encrypted details about a child’s mood and symptom levels on any times/days of your choosing. We will store any details You upload about a child’s mood or symptom levels in a secure and safe way. The only personal data that you should input about a child is its year of birth and please note that it is your responsibility to anonymise any further details to the extent practicable. Please do not enter any other personal data on Our App relating to a child and note your anonymisation responsibilities below;
  • Community Platform & Email history: to enable communication with other Users of the website and with the TT team, We store details about your Community Platform entries and email history including user messages, requests You have made, and your interactions with the TT team;
  • Offer and Promotions: We record details of discounts, referral codes shared, redeemed and other promotions You use in order to apply the relevant rewards (e.g. TT Credit(s) to your TT Account);
  • Automatically tracked information includes: Cookie information, your IP address, information relating to the device You use to access Our Site, App and/or Free and PAYG Services, the actions You have taken, the pages You visit and the times and dates of actions You take on Our Site or App, your interactions with Us, the source of your visit and/or previous webpage before visiting Our Site or App, and your page response times;
  • Financial information: We will need You to provide Us with financial information to authorise or process payments and bill You or pay You for the PAYG Services. For Trainers, this information includes: your nominated bank account and your payment history, and for Users your payment history and payment card details (in respect of the PAYG Services). Furthermore, Users should note, that when You book Training Services via Our Site or when You receive payment for delivering Training Services via Our Site, We will pass your personal information to our nominated third parties who are necessary to process your transactions with Us, such as credit card companies and banks. The legal basis under Applicable Data Protection Laws by which we are permitted to process your financial information is that it is necessary for the performance of the agreement between Us. For clarity, this includes processing information with other companies for fraud protection and credit risk reduction. Save for what is set out above, We will not share financial information with any other third parties without your express prior consent; and
  • Other sources: We reserve the right, where permitted by Applicable Law, to collect and use information on You from third party providers.

The App will automatically encrypt any data uploaded to the platform however, please note that at all times You are responsible for ensuring that any information relating to a child is anonymised and You do not in anyway provide identifiable details about the identity of a child. For clarity, We do not request any information from You (or a child) that is, or could be, regarded as Special Category Personal Data (for example, You should not enter full names only nicknames or first names of your children.

  1. If You fail to provide personal data

Where We need to collect personal data by law, or under the terms of an agreement We have with You, and You fail to provide that data when requested, We may not be able to perform the agreement We have or are trying to enter into with You (for example, to provide You with access to Our Site, App and/or the Free and PAYG Services). In this case, We may have to cancel the agreement You have with Us but We will notify You if this is the case at the time.

  1. How We use your personal data

We will only use your personal data when the law allows Us to. Most commonly, We will use your personal data in the following circumstances:

  • Where We need to perform the agreement We are about to enter into or have entered into with You;
  • Where it is necessary for Our Legitimate Interests (or those of a third party) and your interests and fundamental rights do not override those interests; and
  • Where We need to comply with a legal obligation.

Please go to the Glossary to find out more about the types of lawful basis that We will rely on to process your personal data.

Generally, We do not rely on consent as a legal basis for processing your personal data although We will get your consent before sending third party direct marketing communications to You via email or text message. You have the right to withdraw consent to marketing at any time by contacting Us.

  1. Purposes for which We will use your personal data

We have set out below, in a table format, a description of all the ways We plan to use your personal data, and which of the legal basis We rely on to do so. We have also identified what Our Legitimate Interests are where appropriate.

Note that We may process your personal data for more than one lawful ground depending on the specific purpose for which We are using your data. Please contact Us if You need details about the specific legal ground We are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To install the App and otherwise register You as a User so that You can access Our Site or App and receive the PAYG and/or Free Services. The purpose of this processing is to:

(a)        enable You to access Our Site or App and create a TT Account;

(b)        facilitate matching between Users and  Trainers including filtering Users requirements against  Trainers experience to show the most compatible matches;

(c)        to enable Trainers to create and promote their profile on Our Site or App;

(d)        enable You to communicate with other Users and receive updates from TT about your TT Account;

(e)        enable bookings between Users and Trainers;

(f)         process payments; and

(g)        provide TT Platform  Services to Users and Trainers.

(a) Identity

(b) Contact

Performance of a contract with You

To manage Our relationship with You which will include:

(a) Notifying You about changes to Our Site, App,  Terms of Use, Cookie Policy, User Platform Agreement, Trainer Platform Agreement or this Policy;

(b) Asking You to leave User Feedback; and

(c) Providing marketing materials (such as a newsletter) to You subject to opting-in to such marketing materials.

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract with You

(b) Necessary to comply with a legal obligation

(c) Necessary for Our Legitimate Interests (to keep Our records updated and to study how Users are using Our Free or PAYG Services)

To enable You to partake in surveys and/or promotional activities.

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with You

(b) Necessary for Our Legitimate Interests (to study how Users use Our Free or PAYG Services, to develop them and grow Our business)

To administer, develop and protect Our business and Our Site or App. The purpose of this processing is:

(a) to fulfil our safeguarding and legal obligations;

(b) to ensure quality of the Free or PAYG Service;

(c) to better understand how Our Site or App is functioning for Users to inform Our Free or PAYG Service development;

(d) to draw conclusions upon demographic information; and

(e) to prevent fraud, spam and abusive or inappropriate behaviour.

(a) Identity

(b) Contact

(c) Technical

(a) Necessary for Our Legitimate Interests (for running Our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to You and measure or understand the effectiveness of the advertising We serve to You.

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for Our Legitimate Interests (to study how Users use Our PAYG or Free Services, to develop them, to grow Our business and to inform Our marketing strategy)

To use data analytics to improve Our Site, App, the Free or PAYG Services, marketing, User relationships and experiences.

(a) Technical

(b) Usage

Necessary for Our Legitimate Interests (to define types of Users for Our Free or PAYG Services, to keep Our Site and App updated and relevant, to develop Our business and to inform Our marketing strategy)

To make suggestions and recommendations to You about services that may be of interest to You.

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

(f) Marketing and Communications

Necessary for Our Legitimate Interests (to develop Our Free or PAYG Services and grow Our business)

To use (anonymised and encrypted) data analytics from App Data to allow Us to highlight any correlations in a child’s behaviour with external environmental factors.

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

Performance of a contract with You

To advance scientific research on childhood behaviour, we share data with carefully vetted researchers to advance behavioural studies. For that purpose we de-identify your personal data by removing or hashing personal identifiers so that neither the researchers nor any third parties can link it to you.

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

Performance of a contract with You

To process in-App purchases and deliver Services including managing payments and collecting money owed to us

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(f) Location

Performance of a contract with you

Necessary for our legitimate interests (to recover debts due to us)


Please also note that we reserve the right to use your personal data for commercial purposes and by registering an account on Our Site or App, You acknowledge the same and permit the sharing of your personal data with third parties (including but not limited to External Third Parties).

  1. Marketing

We strive to provide You with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

  • Promotional offers from Us

We may use your identity, contact, technical, usage and profile data to form a view on what We think You may want or need, or what may be of interest to You. This is how We decide which services and offers may be relevant for You (We call this marketing).

You will receive marketing communications from Us if You have requested information from Us or purchased services from Us and You have not opted out of receiving that marketing.

  • Third-party marketing

We will get your express opt-in consent before We share your personal data with any third party for marketing purposes.

  • Opting out

You can ask Us or third parties to stop sending You marketing messages at any time by following the opt-out links on any marketing message sent to You or by contacting Us any time at [email protected]

Where You opt out of receiving these marketing messages, this will not apply to personal data provided to Us as a result of a service purchase, service experience or other transactions.

  • Cookies

You can set your browser to refuse all or some browser cookies, or to alert You when websites set or access cookies. If You disable or refuse cookies, please note that some parts of Our Site and App may become inaccessible or not function properly. For more information about the cookies We use, please see https://www.myfamilycoach.com/cookie-policy-uk/

 

  • Change of purpose

We will only use your personal data for the purposes for which We collected it, unless We reasonably consider that We need to use it for another reason and that reason is compatible with the original purpose. If You wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact Us.

If We need to use your personal data for an unrelated purpose, We will notify You and We will explain the legal basis which allows Us to do so.

Please note that We may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

  1. Disclosures of your personal data

Your personal information may also be viewed by:

  • Trainers (where You are a User); or
  • Users (where You are a Trainer),

for the sole purposes of enabling a Trainer to deliver their Training Services direct to a User and to provide a User with information about a Trainer’s Services. If You (as a User) make a course booking via Our Site, your personal information will be shared with your selected Trainer to enable the Trainer to deliver the Training Services or to follow up on any enquiry. Such details may include: first name and initial of surname, the contents of your message, and the subject and course You requested.

If You (as a Trainer) upload personal information on Our Site (e.g. by creating a profile), personal information in your profile may be accessible by any User who visits Our Site. The personal information shared may include your first name and the initial of your surname, your profile picture, university details, your CV, your qualifications, your training subjects and Trainer Fees, your training record and User Feedback. Publishing this personal data is essential for You (as a Trainer) to make use of Our Site and the Training Services.

If You (as a User) send a message to another User on Our Site (whether it be User to User or Trainer to User or vice versa), You acknowledge that TT may monitor the content of your message to fulfil our obligations under the Terms of Use and to protect our Legitimate Interests.

In addition to the above, We may share your personal data with the parties set out below for the purposes set out in the table above:

  • External Third Parties as set out in the Glossary.
  • Specific third parties such as:
  • Google Firebase;
  • Google Tag Manager; and
  • Facebook Pixel.
  • Third parties, to whom We may choose to sell, transfer or merge parts of Our business or Our assets. Alternatively, We may seek to acquire other businesses or merge with them. If a change happens to Our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with Applicable Data Protection Laws. You should be aware that we may release your Personal Information (which will include your financial information, if necessary) when We believe it is necessary to comply with Applicable Laws, to assist law enforcement, to enforce the terms under which You transacted with TT, or to protect the rights, property or safety of TT, the Site, App and/or other Users. We do not allow Our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with Our instructions.

  1. International transfers

Many of Our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever We transfer your personal data out of the EEA, We take additional steps to ensure that your information is protected to at least an equivalent level, as required by applicable data protection laws.

Please contact Us if You want further information on the specific mechanism used by Us when transferring your personal data out of the EEA.

  1. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, We limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on Our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify You and any applicable regulator of a breach where We are legally required to do so.

  1. Data retention

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes We collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if We reasonably believe there is a prospect of litigation in respect to Our relationship with You.

To determine the appropriate retention period for personal data, We consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which We process your personal data and whether We can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances You can ask Us to delete your data: see your legal rights below for further information.

In some circumstances We will anonymise your personal data (so that it can no longer be associated with You) for research or statistical purposes, in which case We may use this information indefinitely without further notice to You.

  1. Your legal rights

Under certain circumstances, You have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

  • Request access to your personal data;
  • Request correction of your personal data;
  • Request erasure of your personal data;
  • Object to processing of your personal data;
  • Request restriction of processing your personal data;
  • Request transfer of your personal data; and
  • Right to withdraw consent.

If You wish to exercise any of the rights set out above, please contact Us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, We may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, We could refuse to comply with your request in these circumstances.

What We may need from You

We may need to request specific information from You to help Us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact You to ask You for further information in relation to your request to speed up Our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take Us longer than a month if your request is particularly complex or You have made a number of requests. In this case, We will notify You and keep You updated.

  1. Glossary

LAWFUL BASIS

Legitimate Interest means the interest of Our business in conducting and managing Our business to enable Us to give You the best service and the best and most secure experience. We make sure We consider and balance any potential impact on You (both positive and negative) and your rights before We process your personal data for Our Legitimate Interests. We do not use your personal data for activities where Our interests are overridden by the impact on You (unless We have your consent or are otherwise required or permitted to by law). You can obtain further information about how We assess Our Legitimate Interests against any potential impact on You in respect of specific activities by contacting Us.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that We are subject to.

THIRD PARTIES

External Third Parties

  • Service providers, suppliers, business partners and sub-contractors acting as processors based in the United Kingdom and the European Union who provide IT and system administration services.
  • Professional advisers acting as processors including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
  • HM Revenue & Customs, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.
  • Website designers and marketing agents acting as processors based in the United Kingdom who provide their services which may require access to personal data.
  • Fraud prevention agencies, to prevent crime and trace those responsible.
  • Identity verification providers, to comply with legal or regulatory requirements.
  • Analytics and search engine providers that assist Us in the improvement and optimisation of Our Site or App.
  • IT and software providers who supply Us with Our IT infrastructure for the provision of Our PAYG and/or Free Services and administering Our business (including Our internal and external communications) and who also help Us manage Our User and contact databases, user relationships and marketing.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables You to receive a copy of the personal data We hold about You and to check that We are lawfully processing it.

Request correction of the personal data that We hold about You. This enables You to have any incomplete or inaccurate data We hold about You corrected, though We may need to verify the accuracy of the new data You provide to Us.

Request erasure of your personal data. This enables You to ask Us to delete or remove personal data where there is no good reason for Us continuing to process it. You also have the right to ask Us to delete or remove your personal data where You have successfully exercised your right to object to processing (see below), where We may have processed your information unlawfully or where We are required to erase your personal data to comply with local law. Note, however, that We may not always be able to comply with your request of erasure for specific legal reasons which will be notified to You, if applicable, at the time of your request.

Object to processing of your personal data where We are relying on a Legitimate Interest (or those of a third party) and there is something about your particular situation which makes You want to object to processing on this ground as You feel it impacts on your fundamental rights and freedoms. You also have the right to object where We are processing your personal data for direct marketing purposes. In some cases, We may demonstrate that We have compelling legitimate grounds to process your information which overrides your rights and freedoms.

Request restriction of processing of your personal data. This enables You to ask Us to suspend the processing of your personal data in the following scenarios:

  • If You want Us to establish the data’s accuracy.
  • Where Our use of the data is unlawful but You do not want Us to erase it.
  • Where You need Us to hold the data even if We no longer require it as You need it to establish, exercise or defend legal claims.
  • You have objected to Our use of your data but We need to verify whether We have overriding legitimate grounds to use it.

Request the transfer of your personal data to You or to a third party. We will provide to You, or a third party You have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.

Withdraw consent at any time where We are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before You withdraw your consent. If You withdraw your consent, We may not be able to provide certain PAYG and/or Free Services to You. We will advise You if this is the case at the time You withdraw your consent.


Section 5: Cookie Policy

Our Site and App use cookies. Team Teach Ltd. (collectively referred to as “TT“, “We“, “Our” and “Us”) has created this cookie policy (“Cookie Policy“) to provide you with a better and more personalised experience when you browse Our Site or App in addition to allowing Us to improve Our Site or App more easily. In this Cookie Policy, references to “You” and “your” are references to the visitor of https://www.myfamilycoach.com/ (the “Site“) or mobile applicationhttps://www.myfamilycoach.com/journal/   (the “App“). When You use the Site or App, You agree that this Cookie Policy applies to your use in addition to any other terms and conditions which may apply including those contained in Our Privacy Policy https://www.myfamilycoach.com/privacy-statement-uk/, Terms of Use Section 2 of our Terms and Conditions) and the User platform Agreement (Section 3 Appendix A of Terms and Conditions), the Trainer User Agreement (Section 1 of Appendix A in Section 3 of the Terms and conditions) and/or the Trainer Platform Agreement (Section 3 Appendix be of the Terms and conditions ), (where applicable) and which are duly incorporated by this reference.

 

What are cookies?

A cookie is a small file of letters and numbers that We store on your browser or the storage of your device (e.g. User Computer System, Trainer Computer System, smartphone or other electronic device), if You agree. Cookies contain information that is transferred to your device’s storage.

Once cookies are stored on your device’s storage, they help analyse website or application traffic or let Us know when You visit a particular feature on Our Site or App. Cookies allow website or mobile applications to respond to You as an individual and help Us provide You with a better website or mobile application.

How can You manage your cookies on the site?

A cookie in no way gives Us access to your computer or any information about You, other than the data You choose to share with Us. You can choose to accept or decline cookies on Our Site but not on Our App. Most web browsers automatically accept cookies, but You can usually modify your browser setting to decline cookies if You prefer. This may prevent You from taking full advantage of Our Site.

What types of cookies do We use?

We use the following cookies on Our Site and App:

  • Session cookies. These allow Our Site and App to link your actions during a particular browser session. These expire each time You close your browser and do not remain on your device afterwards;
  • Strictly necessary cookies. These are cookies that are required for the operation of Our Site and App. They include, for example, cookies that enable You to log into secure areas of Our Site or App, use a shopping cart or make use of e-billing services;
  • Analytical or performance cookies. These allow Us to recognise and count the number of visitors and to see how visitors move around Our Site and App when they are using it. This helps Us to improve the way Our Site and App works, for example, by ensuring that users are finding what they are looking for easily;
  • Functionality cookies. These are used to recognise You when You return to Our Site or App. This enables Us to personalise Our content for You, greet You by name and remember your preferences (for example, your choice of language or region); and
  • Targeting cookies. These cookies record your visit to Our Site and App, the pages You have visited and the links You have followed. We will use this information to make Our Site, App and the advertising displayed on them more relevant to your interests. We may also share this information with third parties for this purpose.

Who has access to your cookies?

Predominantly, TT will have access to your cookies, however, please note that the following third parties may also use cookies, over which We have no control. These named third parties may include, for example, advertising networks and providers of external services like web traffic analysis services. These third party cookies are likely to be analytical cookies or performance cookies or targeting cookies:

  1. Google Tag Manager – this allows Us to monitor and measure usage on Our Site and App via tags which in turn allows Us to optimise Our marketing;
  2. Google Firebase – this allows Us to use increased functionality on Our Site and App to analyse traffic, performance and crashing reporting; and
  3. Facebook Pixel – this allows Us to keep track of what users do after they see or click on a Facebook advertisement. This allows us to monitor the effectiveness of Facebook ads for purpose of statistics and mark research.

To learn more about how Google and Facebook uses cookies, please click here for Google and https://www.facebook.com/about/privacy/ for Facebook.

 

How long do We store your cookies for?

Some cookies, called “session cookies“, remain on your computer only while your browser is open, and are automatically deleted once You close your browser. Other cookies, called “permanent cookies“, remain on your computer or mobile device after the browser is closed.

Please note that Our use of the information We collect about You through your use of cookies is subject to Our https://www.myfamilycoach.com/privacy-statement-uk/

 

You can block cookies on the Site only by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of Our Site. Please also note that You are unable to opt-out of third-party advertising cookies. Should you have any concerns, please contact Our Data Protection Officer (DPO) whose details are set out below.

How to contact Us

Please contact Us or Our DPO, if You have any questions about this cookie policy or the information We hold about You.

If You wish to contact Us or Our DPO, please email: [email protected] or telephone Our customer service line on: +44 (0)800 7734293.

Changes to this policy

This policy was published in March 2022

We may change this policy from time to time without notice, effective immediately upon posting on the Site and/or App. You will be considered as having accepted the change to this policy if You continue to use the Site or App (as applicable) following an update. Please therefore check this page of the Site or App (as applicable) periodically and carefully review any changes made.

 

Section 6: Terms and conditions from out third part partners

see Here: https://jitsi.org/meet-jit-si-terms-of-service/

 

 

Section 7: Administration

The administration of the My Family Coach Website and Journal will be performed by the Team Teach Systems Administrator. The administrator will hold permissions to add, edit and delete User Accounts, set up access rights to those accounts (such as access to any reports, files) monitor, use, modify, withhold, or disclose any data available to End Users associated with their End User Accounts.

 

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